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TORRES v. DWYER

3875, 350521/08.

84 A.D.3d 626 (2011)

923 N.Y.S.2d 512

SERGIO TORRES, Plaintiff, and NIEVES TORRES, Respondent, v. JUNE H. DWYER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2011.

Defendants' submissions, including the affirmation of their neurologist and the excerpt from the deposition transcript of Nieves Torres, met their prima facie burden of showing that Steven Torres did not suffer a "serious injury" under Insurance Law § 5102 (d) (see Farrington v Go On Time Car Serv., 76 A.D.3d 818 [2010]). The evidence submitted by Nieves in opposition to the motion did not raise a triable issue of fact as to...

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